Employers, attorneys ponder order helping undocumented workers under age 30

Immigration reform grabbed the spotlight again this month after President Barack Obama announced a directive that would halt the deportation of an estimated 800,000 young undocumented workers.

Because it’s a temporary policy change — not a law — experts are trying to figure out what it will mean for employers and the undocumented workers. Local immigration attorneys agree that something needed to be done to reform the nation’s immigration laws, but wonder if the temporary measure was the right answer.

U.S. Homeland Security Secretary Janet Napolitano issued a memo June 15 outlining how her department would exercise “prosecutorial discretion” in enforcing “immigration laws against certain young people who were brought to this country as children and know only this country as home.”

The directive effectively halted deportations of young people who would be eligible for the proposed DREAM Act for two years.

“There has been a growing call for something to happen for these kids who never did anything wrong except be brought here illegally,” said attorney Nancy Elkind, partner at Elkind Alterman Harston PC in Denver. “This gives Congress breathing space to get its act together and reform our immigration laws. At least we can all hope that that’s true.”

U.S. Sens. Richard Durbin, D-Ill., and Orrin Hatch, R-Utah, first introduced the DREAM Act in the Senate in August 2001. The House passed it nearly two years ago, but it failed to get the 60 votes necessary to overcome a Senate filibuster.

Opponents of the DREAM Act have argued that it would reward illegal immigration and encourage more people to enter the country illegally. Supporters say it helps people who were raised as Americans and whose undocumented status isn’t their fault.

“By granting these young people relief from deportation and providing a pathway to work visas, we improve their chances of contributing positively to our economy, our society and their own families while strengthening America’s global competitiveness,” Denver Mayor Michael Hancock said in a news release. “With this policy, our country also takes a critical step towards compassionate and responsible immigration reform.”

Supporters say it means more workers

Supporters also argue the DREAM Act will increase the pool of available workers for U.S. businesses, allowing the country to capitalize on undocumented students who already have gone to public schools.

“There are definitely going to be more people available for work, and there are employers who are having trouble finding workers,” Elkind said. “It also means that kids who graduated from high school and wanted to go college can now do that. It opens the doors for a lot of young people to study and work, and it will provide better employees for employers.”

But recent events in Colorado illustrate the uncertainty still surrounding immigration-reform efforts.

The board of trustees for Metropolitan State College of Denver voted 7-1 on June 15 to approve a special tuition rate for undocumented students who graduated from Colorado high schools. The rate is lower than out-of-state tuition but higher than in-state costs.

Colorado Attorney General John Suthers on June 19 said the new tuition rate for undocumented students is against the law.

“Colorado’s state-supported higher-education institutions cannot create discounted tuition categories for students who are unable to prove their lawful presence in the United States,” Suthers said.

Suther’s opinion is legally nonbinding, but may play a role in any future challenges to Metro State’s action.

The fact that the new Homeland Security policy is only a temporary reprieve from deportation also may make some undocumented youth afraid to come forward, said attorney Ann Allott, who founded the Allott Immigration Law Firm in Denver.

“They [authorities] will put these kids in removal, No. 1, and grant them deferred action, No. 2, and then grant them an employment-authorization document that is good for two years,” Allott said. “That’s all that is proposed. There will be many who are afraid to say they are undocumented.”

For employers, it could add uncertainty to their hiring processes.

“It’s unclear to me how it will work for employers,” said attorney Denise Clem, an associate at Denver-based Messner & Reeves LLC. “Will they have protection if they hire these workers and things change two years from now?”

Clem said also that some employers might be hesitant to hire someone who is guaranteed only two years of documentation. “Employers need to be careful, though, so as not to deny employment for someone who is work-authorized ... because it could potentially be a discrimination claim.”

The Colorado ski industry has been a vocal supporter of immigration reform, but mainly for seasonal work visas.

“I honestly can’t tell you whether we’ll see any effect from this change,” said Melanie Mills, president and CEO of Colorado Ski Country USA. “It’s all under the immigration-reform umbrella, but we’re usually looking for workers with a specific skill set, like Portuguese-speaking ski instructors, because we get a lot of visitors from Brazil.”

The policy change could, however, bring some relief to Denver-based Chipotle Mexican Grill Inc. (NYSE: CMG), which has been subject to an ongoing investigation by several federal agencies, including the Securities and Exchange Commission, over alleged employment of illegal immigrants. A spokesman for Chipotle didn’t respond to requests for comment.